Text, History and Tradition – Not Interest Balancing – At the Heart of Supreme Court’s New York Gun Rights Case

By John Velleco

Yesterday, the U.S. Supreme Court heard oral argument in New York State Rifle & Pistol v. Bruen, a challenge to New York State’s discretionary concealed carry licensing scheme, which requires New Yorkers to demonstrate to the satisfaction of a government bureaucrat that they have some sort of special, individualized, good cause before being permitted to carry a firearm for self-defense.

Since Heller and McDonald were decided in 2008 and 2010, the only time that a Second Amendment case has been before the U.S.

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